FastCounsel

Disclaimer: This information is for education only and is not legal advice. For guidance about your specific case, contact a Maryland attorney.

When the other side’s first settlement offer is far below what you requested, a strategic response can often move negotiations toward a fair outcome. Under Maryland practice, parties commonly negotiate informally, use written demands and offers, and pursue alternative dispute resolution if needed. The Maryland courts publish rules and self-help resources on civil procedure and settlement practices; see the Maryland Courts rules and self-help pages for background: mdcourts.gov/rules and mdcourts.gov/selfhelp/civil.

Step 1 — Assess the gap objectively

Start by rechecking the facts and your damages. Break your claim into categories (medical bills, lost wages, property loss, future care, pain and suffering, and non-economic harms). Collect documentation: medical records, bills, pay stubs, repair estimates, and expert reports if available. Convert emotional value into reasoned ranges so you can explain why your demand is justified.

Step 2 — Understand leverage and deadlines

Leverage depends on strength of liability, magnitude of damages, evidence quality, and timing. Note any Maryland statute of limitations that could affect filing a lawsuit in the future; if your ability to sue expires soon, the defendant may have more incentive to settle. General resources on filing and deadlines are at Maryland Courts: mdcourts.gov/selfhelp/civil.

Step 3 — Respond with a reasoned counteroffer

Do not respond emotionally. Send a written counteroffer that concisely explains your claim and the basis for your number. Include key evidence and a clear bottom line or range. Use objective anchors (medical records, repair estimates, wage statements, medical expert opinions) to justify your stance. Offer a deadline for the counteroffer to keep momentum.

Step 4 — Use intermediaries and ADR

Insurance companies and defense counsel often respond differently to mediation, neutral evaluation, or a structured negotiation. Suggest mediation or a private neutral to facilitate a realistic assessment. Maryland courts and many insurers support mediation and other ADR processes to resolve disputes without trial.

Step 5 — Leverage procedural tools when appropriate

If negotiations stall and you have a strong claim, consider filing suit to increase pressure. In Maryland civil practice, filing a complaint changes timelines and can influence settlement posture. Also consider sending a formal offer in writing (a demand letter) that states the settlement figure and the factual/legal support. Keep in mind offers and settlement communications may have evidentiary limits under rules of evidence similar to Federal Rule 408; check Maryland evidence rules and consult counsel before disclosure.

Step 6 — Consider structured settlements and non-monetary terms

Sometimes the party offering the low number cannot or will not increase cash immediately. Ask about structured payments, liens resolution, tax implications, medical lien satisfaction, or confidentiality clauses. These terms can bridge gaps without changing headline dollar amounts.

Step 7 — Know when to get an attorney

Hire an attorney if the case involves substantial damages, complex liability, unresolved liens, or if you feel outmatched by insurance adjusters or defense counsel. An attorney can prepare a persuasive demands package, negotiate better released language, and advise on timing to preserve rights under Maryland law. For Maryland-specific procedural rules and guidance on civil filings, see: mdcourts.gov/rules.

Common negotiation tactics you can use

• Start with clear documentation and a professional demand letter.
• Use objective anchors (invoices, medical reports, wage records) rather than emotional language.
• Ask targeted questions to learn how the insurer values your claim (e.g., which damages they dispute?).
• Propose mediation or a private neutral evaluator when the gap remains large.
• Be prepared to walk away; keep your litigation options and deadlines visible.

Helpful Hints

• Keep written records of all offers, counteroffers, and communications.
• Use a clear bottom line: know the lowest acceptable number and the reasons for it.
• Include a short, well-documented demand packet: chronology, key medical records, wage loss proof, and photos.
• Address potential offsets (liens, prior payments) in negotiations so the net recovery is clear.
• Ask for a release draft early so you can spot problematic language (broad releases, future claims waivers, confidentiality limits).
• Consider timing: last-minute offers before a statute deadline or trial often change value; be strategic about filing if needed.
• If an insurer cites policy limits as fixed, ask for written confirmation and explore other responsible parties.
• When an initial offer is insultingly low, call it out professionally and reframe the conversation around evidence and costs of continued litigation.